Constitutional Law and Legal Framework
What this domain tests
Constitutional Law and Legal Framework examines the Constitution of Nepal 2072 (2015): its supremacy, federal design, fundamental rights and the division of powers among the Federation, provinces and local levels. Questions ask you to locate the controlling article and then apply it to a short fact pattern.
Core rules to hold
- Supremacy: the Constitution is the fundamental law (Art. 1); any inconsistent law is void to the extent of the inconsistency. Parliament is not sovereign in the Westminster sense.
- Fundamental rights (Arts. 16-46) are largely subject to restrictions imposed by law that are reasonable and proportionate: legality, legitimate aim, suitability and necessity.
- Writ jurisdiction: the Supreme Court may issue habeas corpus, mandamus, certiorari, prohibition and quo warranto under Art. 133; High Courts exercise similar power within their territory.
- Competence: Schedules 5-8 distribute federal, provincial, concurrent and local subjects; residuary power lies with the Federation. A province legislating on a federal subject acts ultra vires even if its policy is sensible.
Worked example
A provincial assembly fixes the minimum marriage age at 21. Capacity to marry is governed by the federal Civil Code, so the province has exceeded its competence; the provision is struck down on ultra vires grounds and the analysis stops there. Only if the subject had been provincial or concurrent would you proceed to the proportionality test against the fundamental right.
Traps that cost marks
Treating Directive Principles as enforceable rights; forgetting that most rights are textually qualified; confusing Art. 133 writs with the power to declare laws void; assuming mandamus can run against a private individual; citing a right without citing its limiting clause.